Vander Sanden Ethics Complaint

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On 6/9/2014, I received a phone call from the local Office of the United States Attorney asking me to either delete this post or update it to reflect the rulings from the Iowa Supreme Court Attorney Disciplinary Board. I chose to update the post which is now 41 pages in length instead of 16.In addition, TheGazette posted a story at http://thegazette.com/subject/news/government/linn-county-auditors-ethics-complaint-dismissed-20140519 For your information,JDM******************************************************On 2/24/2014 at the Linn County Board of Supervisors meeting, Linn County Attorney Jerry Vander Sanden disclosed to the Board and the public that an ethics complaint had been filed against him by Linn County Auditor Joel Miller. The minutes of the meeting, two letters from the Attorney Disciplinary Board, and the Complaint are provided for your review.The highlighted areas our mine. You should note that as early as 2/13/2014, I tried to handle my complaint with Vander Sanden in a low key manner prior to filing a formal complaint with the Court.I believe that a person holding the title of Assistant County Attorney in the State of Iowa should be a person licensed to practice law in the courts of the State of Iowa. And I believe that a person involved in the prosecution of crimes who holds the title of Assistant County Attorney is being asked questions related to Iowa laws by other attorneys, law enforcement personnel, witnesses, and/or defendants - and subsequently giving answers to those questions. I believe the receiving and answering of those questions constitutes practicing law in the State of Iowa, i.e., holding yourself out to be an attorney - regardless of whether or not you actually appear in State court.Certainly, I could be wrong, but that's why I filed a complaint with the Attorney Disciplinary Board. If the Board thought the complaint was frivolous, I believe they would have dismissed it upon receipt.For your information,Joel D. MillerLinn County Auditor

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Miller, Joel
From: [email protected]
Sent: Friday, May 16, 2014 3:27 PM
To: Miller, Joel
Subject: Re: Open records request on Disciplinary Board File #2014-31
Dear Mr. Miller:

There are no open records associated with this file. The controlling provision is Iowa Court Rule 34.4(3), which reads in
relevant part: "The board shall keep all files confidential, unless otherwise provided or directed in writing by the chair of
the board, or the chair's designee, for disciplinary purposes."

Sincerely,

Charles L. Harrington
Assistant Director, Office of
Professional Regulation
Administrator, Att'y Disciplinary Bd.





From: "Miller, J oel" <J [email protected]>
To: "[email protected]" <[email protected]>,
Date: 05/16/2014 02:55 PM
Subject: Open records request on Disciplinary Board File #2014-31



Dear Mr. Harrington:
 
Today, I received your letter re the above case.  
 
Since I have not seen the Respondent’s response to my complaint, I would like to see Mr. Vander Sanden’s response(s) to the 
Board.  In addition, I would like to hear the Board’s discussion of the File and see the written minutes of the Board’s discussion, if 
any.  In other words, I am requesting the open records associated with File #2014‐31 and I would prefer them in electronic form if 
available.
 
Please let me know what is available and how much it might cost.
 
Regards,
 
J oel D Miller, Auditor, CERA
Office of Linn County Auditor
935 2
nd
ST SW
Cedar Rapids, IA 52404
319-892-5333
 
Graduate of Gallup® Successful Strengths Coaching Program
 
Clifton StrengthsFinder® signature themes:  Individualization, Learner, Achiever, Relator, and Belief.
 
LI NN COUNTY BOARD OF SUPERVI SORS
CEDAR RAPI DS, LI NN COUNTY, I OWA
MONDAY, FEBRUARY 24, 2014 9: 00 A. M.
( These ar e t he mi nut es i n t hei r ent i r et y. Ar chi ved mi nut es can be f ound at
www. l i nncount y. or g) .
The Boar d met i n sessi on at t he Li nn Count y J ean Oxl ey Publ i c Ser vi ce Cent er . Pr esent :
Vi ce Chai r per son Langst on, Super vi sor s Roger s and Har r i s. Absent : Chai r per son Bar r on
and Super vi sor Ol eson ( per sonal busi ness) . Boar d member s vot i ng “AYE” unl ess
ot her wi se not ed.

St ephani e Nef f and Amy Thuent e met wi t h t he Boar d t o pr ovi de an updat e on Bl ue Zones
act i vi t i es. A Power Poi nt pr esent at i on was pr esent ed t hat addr essed ci t i zens,
empl oyer s, r est aur ant s, gr ocer y, school s and pol i cy. Nef f al so di scussed cooki ng
cl asses wi t h NewBo and cooki ng demonst r at i ons at HyVee ( Moai ’ s) . J ackson El ement ar y
cur r ent l y has 40 st udent s t hat ar e par t i ci pat i ng i n a wal ki ng school bus r out e wi t h a
goal of mor e t han 200 st udent s.

Thuent e t hanked t he Boar d f or t hei r pr evi ous suppor t not i ng t hat t he f undi ng i n 2013
hel ped Bl ue Zones t o get t hei r pr ogr ams of f t he gr ound. She st at ed t hat t hey ar e
l ooki ng f or f i nanci al suppor t i n t he amount of $10, 000 f or 2014.

Super vi sor Langst on asked t hat Thuent e put her r equest i n wr i t i ng and submi t t o t he
Boar d not i ng t hat deci si ons wi l l be made i n ear l y J ul y. She al so encour aged her t o
come back t o t he Boar d i n J une t o pr ovi de anot her updat e. Langst on al so di scussed
possi bi l i t i es of Moai ’ s wi t h t he Downt own Rot ar y gr oup.

A Publ i c hear i ng was cal l ed t o or der t o di scuss 1
st
consi der at i on on case A- 01- 14,
Uni f i ed Devel opment Code Or di nance Amendment .

Dan Swar t zendr uber , Pl anni ng and Devel opment , st at ed t hat t hi s i s i n r egar ds t o t wo
UDC amendment s. The f i r st one i s t o al l ow f or a l ar ger accessor y bui l di ng f or
mai nt enance pur poses wi t hi n i dent i f i ed seasonal cabi n ar eas. The ot her t hi ng i s t o
est abl i sh pr ocedur es f or per mi t t i ng ut i l i t y scal e sol ar i nst al l at i ons. Ther e ar e a
f ew i ssues, i n t he openi ng pur pose st at ement i n t he or di nance, i t ’ s ment i oned t hat
Li nn Count y al l ows ( and encour ages) ut i l i t y scal e phot ovol t ai c i nst al l at i ons; however ,
concent r at ed sol ar power ( CSP) syst ems ar e pr ohi bi t ed. Buf f er i ng/ scr eeni ng i s
i ncl uded as a pr oposed component of t he si t e devel opment r equi r ement s t o mi t i gat e
possi bl e negat i ve vi sual aspect s of t hi s t ype of an i nst al l at i on. An oper at i ons and
mai nt enance ( O & M) pl an i s r equi r ed as par t of t he appl i cat i on pr ocess whi ch deal s
wi t h soi l er osi on, a sedi ment cont r ol pl an and a st or mwat er management pl an wi l l be
r equi r ed. A decommi ssi oni ng and r ecl amat i on pl an i s al so i ncl uded.

Mot i on by Roger s, seconded by Har r i s t o cl ose publ i c hear i ng.

Mot i on by Roger s, seconded by Har r i s t o appr ove upon 1st consi der at i on case A- 01- 14,
Uni f i ed Devel opment Code Or di nance Amendment .

Lar r y Hl avacek, Heal t h Dept . , met wi t h t he Boar d t o di scuss ser vi ce agr eement bet ween
Pol i cySt at , LLC, and Li nn Count y Publ i c Heal t h. He st at ed t hat t he I owa Dept . of
Publ i c Heal t h has a gr ant f or qual i t y i mpr ovement pr oj ect s ( $8, 000) and t he Heal t h
Dept . i dent i f i ed one pr oj ect . The sol ut i on t o t hi s pr oj ect was t o ut i l i ze sof t war e
f or pol i cy management . Pol i cySt at has a pr ogr amt hat woul d al l ow Publ i c Heal t h t o
st or e up t o 1, 000 document s on t he si t e f or t r acki ng of t he pol i ci es. The pr ogr am
wi l l t r ack who has r ead t he pol i ci es, expi r at i on dat es and al l of t he changes t hat
have been made. A t hr ee year agr eement i s $15, 480 and a f i ve year agr eement i s
$19, 500. Hl avacek r ecommends t he f i ve year agr eement . The Boar d wi l l appr ove
Wednesday.

Mechel l e Dhondt , MHDD, met wi t h t he Boar d t o di scuss MHDD Vocat i onal Pi l ot Cont r act s
f or To The Rescue pr oj ect s. She st at ed t hat t hi s i s t wo of f i ve pi l ot pr oj ect s.
These ar e bei ng done by To t he Rescue, one i s a cof f ee ki osk and one i s a gar den
cent er . The i dea behi nd t hemi s f or peopl e who l ost f undi ng t o shel t er ed wor kshops
and wer e f or ced i nt o dayhab and ar e get t i ng put back i nt o empl oyment . The Boar d wi l l
appr ove Wednesday.

J er r y Vander Sanden, Li nn Count y At t or ney, met wi t h t he Boar d t o di scuss conf l i ct of
i nt er est wi t h Count y Audi t or . He st at ed t hat he want ed t o br i ng t o t he Boar d’ s
at t ent i on a mat t er he f eel s t hey shoul d be advi sed of . Audi t or J oel Mi l l er f i l ed an
et hi cs compl ai nt agai nst hi mwi t h t he At t or ney’ s Di sci pl i nar y Boar d f or t he St at e of
I owa. Vander Sanden want ed t o make a f ul l publ i c di scl osur e and t hi nks i t i s i n t he
best publ i c i nt er est . He f eel s t hat when peopl e r eal i ze t hat an et hi cs compl ai nt has
been f i l ed agai nst a l awyer , somet i mes t hey assume t he wor st . Vander Sanden f el t i t
was best t o pr esent t o t he Boar d and cl ear t he ai r so ever ybody i s awar e of what has
been al l eged.

Super vi sor Langst on st at ed t hat she want ed t o not e t hat t hi s was f i l ed agai nst Vander
Sanden, as an at t or ney, and not t he Li nn Count y At t or ney’ s Of f i ce.

Vander Sanden st at ed t hat Mi l l er ’ s compl ai nt r el at es t o a l ong st andi ng ar r angement
t he Count y At t or ney’ s Of f i ce has wi t h t he US At t or ney’ s Of f i ce i n t he Nor t her n
Di st r i ct of I owa. Speci f i cal l y i n r egar ds t o empl oyment of Speci al US At t or ney’ s t hat
ar e pai d f or by a f eder al gr ant t hat i s admi ni st er ed t hr ough t he count y ( dual r ol e) .
They act as Speci al Assi st ant US At t or ney’ s but t hey ar e al so consi der ed Assi st ant
Li nn Count y At t or ney’ s pr act i ci ng excl usi vel y i n f eder al cour t ( hi gh pr of i l e nar cot i cs
cases wi t h speci al emphasi s i n met hamphet ami ne) . Vander Sanden f eel s t hat t hi s
ar r angement i s a val uabl e r esour ce t o t he peopl e of Li nn Count y. He i nt er pr et ed t he
compl ai nt t hat he has i n some way decei ved or mi sr epr esent ed t o t he publ i c t hat t hese
assi st ant s ar e l i censed t o pr act i ce l aw i n t he st at e cour t s. The cont r act st at es t hey
ar e onl y aut hor i zed t o pr act i ce i n f eder al cour t and i f t hey wer e t o appear i n st at e
cour t t hey woul d have t o be l i censed t o pr act i ce i n st at e cour t f i r st . I n or der t o
pr act i ce i n f eder al cour t t hey have t o be admi t t ed i n any st at e i n t he uni on and t hen
admi t t ed t o pr act i ce i n t he f eder al di st r i ct cour t i n whi ch pr act i ce. Assi st ant Li nn
Count y At t or ney’ s do not have t o be l i censed t o pr act i ce i n st at e cour t under I owa
Code, onl y t he of f i ce hol der ( Vander Sanden) . He want s t o assur e t he Boar d t hat he
doesn’ t bel i eve he decei ved or mi sl ed t he publ i c about Speci al US At t or ney’ s
cr edent i al s. Vander Sanden has been t ol d i t coul d t ake up t o si x mont hs f or t he
di sci pl i nar y boar d t o r ul e on t hi s mat t er t her ef or e, t hey wi l l have t o cont i nue wi t h
t he ser vi ces of Bob O’ Shea unt i l t hey f i nd out t he r esul t s of t hi s i nvest i gat i on.
Vander Sanden st at ed t hat hi s next st ep i s t o r espond t o t he compl ai nt wi t hi n 20 days.

Super vi sor Langst on asked f or cl ar i f i cat i on as t o whet her Audi t or Mi l l er f i l ed t he
compl ai nt as a ci t i zen or Count y Audi t or and Vander Sanden r esponded t hat he f i l ed i n
hi s capaci t y as Li nn Count y Audi t or . He st at ed t hat t her e i s mor e t o t hi s compl ai nt
t han what has been expl ai ned. Ever si nce t he l awsui t was r esol ved Audi t or Mi l l er has
been checki ng up on whet her l awyer s i n Vander Sanden’ s of f i ce ar e pr oper l y l i censed.

Super vi sor Roger s cl ar i f i ed t hat any at t or ney who does wor k on Vander Sanden’ s behal f
i s consi der ed an Assi st ant Li nn Count y At t or ney and Vander Sanden conf i r med t hat
st at ement .

The Boar d di scussed sendi ng a l et t er aski ng f or an expedi t ed r esol ut i on t o t hi s i ssue
and i n t he meant i me O’ Shea wi l l r epr esent t he Audi t or ’ s Of f i ce.

Vander Sanden i nst r uct ed Gar y J ar vi s t o cont act O’ Shea t o make sur e he’ s agr eeabl e t o
t he ar r angement .

Super vi sor Har r i s st at ed t hat t hi s i s ext r emel y unf or t unat e t hat t axpayer money has t o
be spent on t hi s t ype of t hi ng and i t ’ s not onl y payi ng f or Mr . O’ Shea. Vander Sanden
has bet t er t hi ngs t o do wi t h hi s t i me and t hi ngs t hat ar e on hi s l i st of t hi ngs t o do
wi l l suf f er and i t wi l l cost even mor e f or t he t axpayer s. Har r i s st at ed t hat he woul d
st ack Vander Sanden’ s et hi cs and t he et hi cs of hi s depar t ment agai nst t he et hi cs of
any count y i n t he count r y. He under st ands Vander Sanden i s concer ned about publ i c
opi ni on and Har r i s woul d l i ke t o get t hi s deal t wi t h qui ckl y and he’ s i n f avor of
t r yi ng t o do t hat .

Vander Sanden agr eed t hat he woul d l i ke t o r esol ve t hi s i ssue as qui ckl y as possi bl e
and st at ed t hat t hi s i s somet hi ng he t hought he needed t o br i ng t o t he Boar d’ s
at t ent i on and hear i t f r omhi m.

Super vi sor Langst on expl ai ned agr eement 2014- 16- 262 ( Memor andumof Under st andi ng)
bet ween Li nn Count y Boar d of Super vi sor s and I owa Depar t ment of Tr anspor t at i on
r egar di ng t he i dent i f i cat i on of pr oper t y necessar y f or pr oposed I owa 100 i mpr ovement s.
She st at ed t hat i t ’ s essent i al l y bet ween t he DOT and Li nn Count y f or some por t i ons of
l and acqui si t i ons t hat ar e necessar y f or Hwy. 100 pr oj ect . Conser vat i on has a copy
and i s begi nni ng t he pr ocess.

J ack Roeder , Pr ospect Meadows, and Dar r i n Gage, Di r . of Pol i cy & Admi n. , met wi t h t he
Boar d t o di scuss r equest f r omPr ospect Meadows t o l ease space i n t he Li nn Count y
Engi neer ’ s of f i ce bui l di ng. Roeder st at ed t hat f or t he past t wo and a hal f year s t hey
have been usi ng of f i ce space at a bank but due t o t he bank gr owi ng t hey have been
gi ven 30 day’ s not i ce ( end of Febr uar y) t o f i nd new of f i ce space. He st at ed t hat t he
space avai l abl e wher e t he Conser vat i on of f i ces wer e bef or e movi ng t o Wi cki up Hi l l
seemed l i ke a nat ur al l ocat i on si nce i t ’ s next t o t he si t e. Thei r hopes ar e t o br eak
gr ound t hi s f al l or at t he l at est next spr i ng.

Gage st at ed t hat he quot ed Roeder $10. 50/ sq. f t . f or t wo of f i ces and conf er ence r oom
and Super vi sor Langst on st at ed t hat she i s comf or t abl e wi t h $8. 50/ sq. f t . ( or l ess) .
Super vi sor Har r i s concur r ed. Thi s wi l l be on Wednesday’ s agenda.

Mot i on by Har r i s, seconded by Roger s t o appr ove Empl oyment Change Rost er ( Payr ol l
Aut hor i zat i ons) as f ol l ows:

FACI LI TI ES DEPARTMENT
Cust odi an Davi d Hedr i ck End of Pr obat i on 1/ 28/ 14 10A $14. 62+$. 25- 10B $15. 09+$. 25
Cust odi an Br i an Buhr New empl oyee–on cal l 2/ 24/ 14 10A $14. 62 + $. 25
SHERI FF’ S OFFI CE
Ser geant Gar y Vancur a Ter mi nat i on/ r et i r ement 3/ 31/ 14
Ser geant St eve Er ceg Tr ansf er t o Pat r ol 2/ 23/ 14
Ser geant Ti mPayne Tr ansf er t o Pat r ol 3/ 02/ 14
Ser geant J oel Peshek Tr ansf er t o Cor r ect i onal 3/ 09/ 14
Secr et ar y Kat hl een Gr een Ter mi nat i on/ r et i r ement 6/ 27/ 14
Admi n Asst . Li nda Hauber Ter mi nat i on/ r et i r ement 4/ 04/ 14
Ser geant Scot t Wi l l i ams Ter mi nat i on/ r et i r ement 3/ 31/ 14
LI FTS
LI FTS Dr i ver Bi l l Hepker End of Pr obat i on 3/ 16/ 14 55A $16. 18–55B $16. 98
COMMUNI TY SERVI CES
I ncome Mnt c Wor ker Sar ah Mont gomer y Layof f Wor ker 2/ 14/ 14 57E $23. 21/ hr .
I ncome Mnt c Wor ker Sar ah Mont gomer y Recal l 2/ 14/ 14 57E $23. 21/ hr .

The Boar d r ecei ved and pl aced on f i l e a l et t er f r omJ oe Rasmussen r egar di ng PPME
ar bi t r at i on.

LEGI SLATI VE UPDATE

Super vi sor Langst on st at ed t hat f or i nf or mat i onal pur poses, t he Whi t e House Of f i ce of
I nt er gover nment al Af f ai r s i s doi ng a cal l t oday r el at ed t o t he Af f or dabl e Car e Act .
The Pr esi dent wi l l be on t he phone and t her e wi l l be about 40 peopl e i n t he boar d r oom
r el at i ng t o t he Af f or dabl e Car e si gn up. The Boar d i s pr epped f or t omor r ow’ s
pr esent at i ons t o l egi sl at ur e f or bot h Conser vat i on and Publ i c Heal t h.

Adj our nment at 9: 58 a. m.

Respect f ul l y submi t t ed,
J OEL D. MI LLER, Li nn Count y Audi t or
By Amanda Hoy, Execut i ve Assi st ant



THE IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD
Complaint Form
(Complete a separate form for each attorney about whom you are complaining.)
1. Your name: AUDITOR JOEL D. MILLER
Street Address: 935 2ND ST SW
EmailAddress:[email protected]
City: CEDAR RAPIDS State: IOWA Zip: 52404
Telephone: Home _____ ; Cell ______ ; Business 319-892-5333
2. Name of attol'ney about whom you are complaining: JERRY A. VANDER SANDEN
Street Address: 51 THIRD AVE BRIDGE
City: State: IOWA Zip: 52401 Telephone: 319-892-6350
CEDAR RAPIDS

Did you hire the attorney (yes or no)? If yes, when did you hire the
attorney? ______ __
If no, what is your connection to the attorney? LI N N COU NTY ATTOR NEY
4. If your complaint is about a lawsuit or court case, answer the following:
a. Name of comt (examples: Iowa Disttict Comt for Polk County; United States Disttict Comt
for NOIthern District ofIowa)---'N=/A-'--______________________ _
b. Case title (examples: Smith vs. Jones; State vs. Doe) ______________ _
c. Caseno. ______________________________ _
5. Type or write neatly on one or more separate sheets of paper a detailed factual statement of what the
attorney did or did not do. Return the sheet(s) with this form. Write on only one side of tile
complaint form and the additional sheets ofpapel'. Please attach copies of documents that prove
01' help to explain your complaint, such as fee agreements, letters, checks, receipts, itemized billings, and
court papers. Send only copies, not original documents, as we are not able to return yom'
documents to you.
In filing this complaint, you are waiving confidentiality and attorney-client privileges, if
any, between you and the attorney named above. This waiver allows the attorney to
disclose your confidential information to the extent reasonably necessary to respond to the
complaint,
I certify under penalty of petjmy and pursuant to the laws of the state of Iowa that the allegations of this
complaint are tt'lle and correct.
Date /7' ; .. (; iii .2.,., / 4<  
Send the completed form to: Iowa Supreme Court Attorney Disciplinary Board
Judicial Branch Building
1111 East Comt Avenue
Des Moines, IA 50319
Telephone: (515) 725-8017
Llnn County Auditor
Linn County, Iowa
Joel D. Miller, Auditor
Rebecca Shoop, Flnl Deputy
February 14, 2014
Mr. Paul H. Wieck II
Director - Office of Professional Regulation
Iowa Supreme Court Attorney Disciplinary Board
1111 East Court Avenue
Des Moines, IA 50319
RE: EMPLOYMENT OF LISA CHRISTINE WILLIAMS - A PERSON NOT ADMITTED TO PRACTICE
LAW IN THE COURTS OF IOWA - AS ASSISTANT LINN COUNT ATTORNEY
Dear Mr. Wieck:
On 29 May 2012, Linn County Attorney Jerry A. Vander Sanden signed an employment
agreement with the U.S. Attorney's Office for the Northern District of Iowa which
indicates Ms. Lisa Christine Williams is an Assistant Linn County Attorney. This
agreement is a public record and available to the public upon request.
Code of Iowa Chapter 331.751 indicates a county attorney shall be a person admitted to
the practice of law in the courts of this state.
I am the Linn County Auditor and one of my duties is to pay the County's employees.
Today, Williams was paid with County tax dollars for her work as a County employee.
County payroll records are public records, available to the public upon request, and
printed annually in the County's official newspapers.
Linn County Human Resources classified Williams as a Special Prosecutor in the Office
of Linn County Attorney. While some HR records are confidential public records,
records verifying employment are public records and available to the public upon
request.
The Linn County Board of Supervisors approved a resolution appointing Williams as an
Assistant Linn County Attorney on 5 June 2012. The resolution and minutes are public
records and available to the public upon request.
Jerry A. Vander Sanden is the duly elected and current Linn County Attorney - see
http://www.linncounty.org/department.asp?Dept Id=5&Page Id=345.
In reading Vander Sanden's 13 February 2014 email to me, he appears to be saying
that his office is acting merely as a payroll agent for the U.S. Attorney; yet, he
represents in the agreement that Williams is an Assistant Linn County Attorney.
linncountyauditor.org
Public Service Center
935 Second Streel Southwest
Cedar Rapids. Iowa 62404·2100
[email protected]
Phone 319.892.5300
lax 319.892.6359
My complaint is against Vander Sanden. He is holding out to the public that
Williams is an Assistant Linn County Attorney when Williams is not presently
qualified to hold the positions of Assistant Linn County Attorney or Linn County
Special Prosecutor.
I believe the remedy is: 1> Williams becomes qualified to hold the position of Assistant
Linn County Attorney or 2> Williams resigns or 3> the agreement is rewritten to indicate
that Williams is not being held out to the public as holding the position of Assistant Linn
County Attorney.
I do not believe that the last sentence prior to V. Term Of This Agreement, i.e., "".
shall exercise no authority ... without the express consent of the Linn County Attorney"
relieves Vander Sanden of his duty to ensure his assistant attorneys are duly qualified
under the laws of the State of Iowa and the rules of professional conduct adopted by the
Courts of Iowa.
I request that you andlor the Board or Court consider my complaint and take the
appropriate actions necessary to address my complaint.
Respectfully submitted,
~ f o ? ;   ~
Joel D. Miller
Linn County Auditor
Attachments:
Employment Agreement;
Vander Sanden email to Miller dated 2/13/2014;
Oath of Office for Williams received 2/14/2014 and dated 2/11/2014;
Excerpt of minutes of the Linn County Board of Supervisors dated 6/512012.
. .
..
SPECIAL ASSISTANT U.S. ATTORNEY
CROSS·DESIGNATED EMPLOYMENT AGRgEMENT
PURSUANT TO THE MIDWEST HIDTA (HIGH INTENSITY DRUG TRAFFICKING
AReAS) PROGRAM
This Agreement entered Into this 80. day of U, 2012, between Linn
County, Iowa and the Linn County Attorney (hereinafter referre to as "county"), the
United StE)tes Attorney's Office for the Northern DIstrIct of o w ~ (hereinafter referred to
as "U.S."), and Lisa ChrIstine Williams, an attorney licensed' In the State of Washington
and duly appointed by the United States Attorney's Office as a SpecIal Assistant U.S.
Attorney (hereinafter referred to as "Williams") pursuant to the Midwest High Intensity
Drug Trafficking Areas (HIDTA). Under the rules and regulations of the Federal Courts
and the U.S. Department of Justice, 'an attorney representing the United States may be
admitted to practloe In any State or the Dlstrlot of Columbia and Is allowed to represent
the United Slates in any federal court. The Midwest HJDTA Speolal AssIstant United
States Attorney (SAUSA) Inltlallve Is deSigned to enhance the resources of the U.S.
Attorney's office to ensure that additional methamphetamine oases are aggressively
proseouted at the federal or state level. The Midwest HIDTA funded SAUSAunder this
agreement will be oross·deslgnated to assist state proseoutors (County) In addition to
the United States. Prior to appearing In any state oourt, Lisa Christine Williams agrees
to become licensed to practice law In the State of Iowa or otherwise comply with
Chapter 31 of the Iowa Court Rules.
Wll'Nt::$SEl'H, IN CONSIDERATION of the mutual undertakings and
agreements hereinafter set fOI1h, County, U.S., and Williams, oontlngent upon funding
from the Midwest HIDTA program, agreeas follows:
.. '
I. WILLIAMS AGREES TO:
A. Services. Provide to the U. S. Attorney's Office, on a full·tlme basis, his
. services, as a competent, licensed attorney to serve as an.Asslstant Linn County
Attorney and a Special Assistant United States Attorney for the Northern District of Iowa
and as such, assist the U.S, Attorney's Offloe In aggressively prosecuting
methamphetamine and other drug·related oases and perform.other duties as may be
deSignated by U.S, In fulfilling Its dulles and responsibilities pursuant to the terms of the
HIDTA program.
13. Resignation. Williams shall notify the County and his Immediate supervisor
at the U.S, Attorney's Office at least thirty (30) days prior to the desired date of
resignation. .
C. At Will Employee. Williams hereby agrees that his appointment and
employment as an Assistant Linn County Attorney and as a Special Assistant UnIted
States Attorney for the Northern District Of Iowa are at will and such appointments and
employment may be terminated at any time by the County or U.S. without cause. The
foregoing shall apply and prevail notwithstanding any other policies or practices, written
or verbal, of County or U.S. to the contrary.
II. U.S. AGREI::S TO:
A. Performanoe Reviews. The Immediate supervisor of WIlliams at the U.S.
. Attorney's Offloe will conduct annual performance appraisals based upon a comparison
of job performance and job expeotatlons as set forth by U.S. Performanoe appraisals
must be completed during Maroh 1 - May 31 of each-fiscal year and a copy provided to
County by May 31. Williams shall not participate In any County merit pay plan and
performance appraisals of Williams shall not be the basis for a salary Increase under
any County merit pay plan. .
. .
B. Administrative Asslstanoe. Provide the necessary administrative
assistance, Including but not limited to, office space, office eqylpment, support staff,
and supplies, to SAUSA as may be necessary to allow WIlliams to perform his duties as
deSignated by U.S. Attorney's Office. U.S. shall absorb all costs related thereto.
C. Reimbursement to Count'l, The Midwest HIDTA Northern Iowa SAUSA
Initiative falls under the direction of the United States Attorney. These progm't,'ns are .
responsible for reimbursing the County for all expenses related to the employment of
Williams, Including salary, benefits and other expenses. Reimbursement Is processed
through the funds assigned to the HIDTA speclflc{dly for the SAUSA Initiatives. The
County shall submit applloatlon for reimbursement to the U,S. for all funds paid to
WIlliams In the form of salary, benefits, and other expenses on a monthly basis, Upon
review the U.S. will forward the approved applloatlons to the appropriate entities for
reimbursement to be paid by the appropriate entities dlreotly to the County. The County
shall provldo necassary aooounting Information directly to HIDTA program staff for the .
appropriate reimbUrsement through dlreot deposit, .
III. COUNTY AGREES TO:
A. Salarl/. Pay to Williams for services provided as set forth in Seotlon I(A) of
this Agreement and as designated by U,S" an annual salary of $75,651. Said salary
may be Increased during the term of this Agreement at the sole dlsoretlon of U.S. The
Midwest HIDTA Ntlrthern Iowa SAUSA Initiative falls under the direction of the United
States Attorney. These programs are responsible for reimbursing the County for all
expenses related to the employment of Williams, Including salary, benefits and other
expenses, Reimbursement Is processed through the funds assigned (0 the HIDTA
Program, speclfloally for the SAUSA Initiatives. The County shall submit application for
reimbursement to the U,S. for all funds paid to Williams In the form of salary, benefits,
and other expenses on a monthly basis. Upon review, the U.S, will forward the
approved applications to the appropriate entilles for relmbursemef1t to be paid by the
appropriate entilles directly to the County. The County shall provide necessary
acoountlng Informallon directly to HIDTA program staff for the approprlata
reimbursement through direct deposit.
B. Benefits. For purposes of this Agreement, Williams shall at all times be
designated a full-time employee of Unn County, Iowa as defined by Chapter 20 of the
Code of Iowa, and as an employee of County, shall be entitled to the following County
benefits of employment:
1. Paid leave Policy. The Paid Leave Policy combines the benefits of paid slok
leave, vacation and personal days. The Paid Leave Polloy is comprised of (1) Short
Tehn LaElve and (2) Long Term Illness/Injury Leave. Williams's vaoatlon and personal
leave accumulation at the time of Implementation of the Policy will be as eet fOl1h In the
County's Polloles and Procedures for ManElgemenl, Attorneys and Confidential
Personnel, dated July 1, 2011 - June 30, 2012, Paid Leave Policy Section, Pages 5·6,
and by this reference incorporated herein as If set forth verbatim herein. This polley
does not supersede any federal Jaws Including the Family and Medloal Leave Aot
(FMLA). See, Family and Medloal Leave Act section as set forth In the County's
Policies and Prooedures for Management, Attorneys and Oonfldentlal Personnel, dated
July 1, 2011 • June 30, 2012, Family and Medloal Leave Aot, Pages 5·6, and by this
referenoe Incorporated herein as If set forth verbatim herein. '
2. Holldav§. There shall be eleven (11) regular paid holidays each calendar
year. The parties agree that the days Williams utilizes as the paid holidays shElIl be
adjusted to colnoldewlth the legal holidays observed by the U.S. Attorney's Offloe.
3. Other le@ve. Winiams sh.dl be entitled to the Family and Medloal Leave Act,
Military Leave, Court and Jury Leave, Bereavement Leave, Professional Leave and On,
the-Job Injuries Leave benefits provided to County employees as set forth In the
Oounty's Policies and Procedures for Management, Attorneys and Confldenllal
Personnel, dated July 1, 2011· June 30, 2012, Pages 13 .. 14, and by this referenoe
Inoorporated herein as If set forth verbatim herein.
. .
4. Group Insurance. Williams shall be offered the County's group health, dental
and life Insurance polloles as set forth In the Group Insurance section of Ihe County's
Policies and Procedures for Management, Attorneys and Confidential Personnel, dated
July 1, 201.1 - June 30, 2012, Pages 15-17, and by this reference Incorporated herein
as If set forth verbatim herein.
IV. ADMINISTRATION:
U.S. shall defend, save harmless and Indemnify Counly, Its elected officials,
amployees, and agents against any and all olalms or demands, for, or In conneotlon
with, any accident, Injury, death or damage, Whatsoever, oaused to any person or
property arising, directly or Indlreotly, out of Williams's acts or omiSSions, undertaken In
the pelformance of this Agreement. rhls agreement to defend, save harmless, and
Indemnify shall apply whether or not County and/or U.S. Is a party to the aotion and
shall Include, but not be limited to, cases arising under Title 42 United States Code
Seotion 1983.
This Agreement, as set fOlth In Seotions I through VI herein, oonstltutes the
entire agreement amongst Oounty, U.S. andWllliams concarnlng Williams's
appointment and employment as an Assistant Linn County Attorney and appointment
as a Special Assistant United States Attorney for the Northern Dlstrlot of Iowa.
Representations made by anyone on behalf of County or U.S., and any polioles or
practices of County or U.S" verbal or Written, are not binding. No party has relied upon
any such representations, policies o/' practices In entering Into this Agreement. Any
change or alteration to the terms of this Agreement must be In the form of an
addendum to the Agreement. Said addendurn shall be effective only upon written
approvElI of County and U.S.
It Is the policy of the U.S. Allorney's Office and COUllty to achieve a drug-free
workplace that Williams shall be required to pass a drug test to screen for Illegal drug
use prior to final appointment. Employment Is conllngent upon the satisfactory
completion of a background Investigation by the U.S. Attorney's Office.
The parties agree that Williams shall exercise no authority as an Assistant Linn
County Attorney, Independent of his authority as a Special Assistant United
Attorney of the Northern District of Iowa, Including but not limited to Initiation of state
criminal proseoullons, without the express consent ofthe Linn County Allorney.
V. TERM OF THIS AGREEMENT;
1 This Agreement shall oommenoe onlabout July 9, 2012, and shall be In effeot
until onlabout July 8,2014, unless terminated earlier by any party to this Agreement.
2. This Agreement shall terminate of Its own aooord and without further notice
should Williams no longer occupy the position of Special Assistant U.S. Attorney or
Assistant Linn County Attorney for any reason.
VI. EFFECTIVE DATE:
'fhls Agreement shall be effective upon lIs execution by Ihe parties, retroactive to
the commencement of the Agreement term as provided herein.
IN REOF, the parties hereto have set their hands for the purposes
herein eX
P
f6ssed t this Instrument, as of the dates below Indicated.
LINN COUNTY, I A • J .
BY: BY: rJrJ
C IRPERSON, LINN COUNTY ,0 NTV  
BOAR
4
/; q (I J-

UNITE:D STATES ATTO N -Y FOR THE NORTHERN DISTRICT OF IOWA
BY:
Date •
BY
Miller, Joel
From: Vander Sanden, Jerry
Sent:
To:
Thursday, February 13, 20144:15 PM
Miller, Joel
Cc: Jarvis, Gary
Subject: RE: Lisa Christine Williams
Ms. Williams is paid for her services by way of a federal grant that is administered through the county. She works at the U.S.
Attorney's Office and is admitted to practice in federal court for the Northern District of Iowa. The only requirement, which she
has met, is to have an active license with a state bar. She does not practice in state court. If you have any further questions
please feel free to contact Sean Berry at the U.S. Attorney's Office at 363-6333.
Jerry A. Vander Sanden
Linn County Attorney
Linn County Courthouse
Cedar Rapids, IA 52403
(319) 892-6350
jerry. [email protected]
From: Miller, Joel
Sent: Thursday, February 13, 2014 3:25 PM
To: Vander Sanden, Jerry; Jarvis, Gary
Subject: FW: Lisa Christine Williams
Jerry and Gary,
Just now, I tried calling you and I was diverted to voice mail (Jerry) and dialtone (Gary) ....
You may want to encourage Assistant County Attorney Lisa Williams to self-report to the Office of Professional Regulation as she
may not be in compliance with Iowa's rules of professional conduct - see below. I have a contract and payroll records - public
records - in my possession which indicate Ms. Williams is being paid as and working as an Assistant Linn County Attorney. My
staff, other County employees, and members of the public are likely aware of her status and official title.
I believe this is a situation that you should handle in a timely manner. As Auditor, I believe I have a fiduciary responsibility to
ensure that the personnel on our County payroll should be on our payroll. Based upon Mr. Wieck's email, I'm thinking - maybe
wrongly - that Ms. Williams should not be on our payroll as an assistant county attorney/special prosecutor.
If I am in error in my thinking, I have confidence you will let me know. If I am not in error, I would like to know that as well.
Regards,
Joel 0 Miller, C.E.RA
Linn County Auditor
2013 Auditor of the Year (Seloct'" by low, Secre/,,,, of S/'/'J
ISAGA District 6 President
935 2
nd
ST SW
Cedar Rapids, IA 52404
319-892-5333
From: [email protected] [mailto:[email protected]]
Sent: Thursday, February 13, 2014 2:43 PM
To: Miller, Joel
Subject: Re: Lisa Christine Williams
1
Dear Mr. Miller:
Thank you for forwarding additional information regarding Ms. Williams. The contract you forwarded, standing alone, does not
cause me concern insofar as lawyer licensing and unauthorized practice (matters within the purview of the Office of Professional
Regulation) are concerned. The contract makes clear that before she appears in state court, Ms. Williams must become licensed
to practice in Iowa under our court rules. In addition, it appears that she has not in fact appeared as counsel in any Iowa state
court matter to this point in time.
The only caution I have is that care should be taken not to communicate to the public her status as an assistant county attorney
until she is admitted to practice in Iowa. That caution is based on a provision in our rules of professional conduct that a lawyer not
admitted in Iowa should not hold out to the public that he or she is admitted to practice in Iowa.
Because the Office of Professional Regulation is part of Judicial Branch, I am not able to provide an legal opinion regarding the
application of Iowa Code section 331.751 or section 331.903 to this situation involving Ms. Williams.
Best regards,
Paul
Paul H. Wieck II, Director
Office of Professional Regulation
Tel. (515) 725-8029
From: "Miller, Joel" <JoeI.MilIer@finncountyoro>
To: f I
Cc:
Date:
Subject: Usa Christine Williams
Dear Mr. Wieck,
I did more research and determined that Ms. Williams is licensed to practice in the State of Washington per her contract (see attached). I
also located her In the Washington State Bar Association's Lawyer Directory (see screens hot below). While I understand her contract says
any attorney working for the Federal government can be a licensed attorney of any state, does the contract overrule Iowa law which
indicates an Iowa (Assistant) County Attorney must "be admitted to the practice of law In the courts of this state" - see Iowa Code
331.751(2)7
Further, I have no record of Ms. Williams taking an oath of office, which in Linn County equates to a Certificate of Appointment and my office
is the official custodian of those appointments per Iowa Code 331.903(2).
Please keep In mind that I discovered this anomaly with Ms. Williams while conducting an ad hoc audit of the County's payroll and Ms.
Williams is currently on Linn County's payroll. I understand what the Federal Attorney and County Attorney are trying to do. I would just like
to confirm that Iowa law is being followed and Linn County has someone on payroll who should be on our payroll.
I've attached my email to the Linn County Attorney. He has yet to respond to me, which is not that unusual.
2
o 2l t h of Office
I, Lisa Christine Williams, do solemnly swear that I will support the
Constitution ohhe United States and the Constitution ofthe State of
Iowa, and that I will faithfully and impartially, to the best of my ability,
discharge all the duties of ASSISTANT LINN COUNTY
ATTORNEY, in the County of Linn, State oflowa, as now or hereafter
is required by law.
SUBSCRIBED TO AND SWORN BEFORE me this t It'\'-- day of
February 2014.
Signature Of Officer Administering Oath
ATTEST:
Joel Miller, Linn County Auditor
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Miller, Joel
From:
Sent:
To:
Subject:
Shoop, Becky
Friday, February 14, 2014 3:56 PM
Miller, Joel
6/5/12 BOS minutes
LINN COUNTY BOARD OF SUPERVISORS
CEDAR RAPIDS, LINN COUNTY, IOWA
TUESDAY, JUNE 5, 2012 9:00 A.M.
The Board met in session at Linn County tqest. Present: Chairperson Oleson, Vice Chairperson Harris (via
telephone) and Supervisors Barron. Absent: Supervisor Langston and Rogers (other county business), Board
members voting "Aye II unless otherwise noted.
The Pledge of Allegiance was led by Chairperson Oleson.
f:.1otion by Barron, seconded by Harris to approve Consent Agenda as follows:
Authorize Chairperson to sign Certificate of Self-Insurance for the configuration of Linn County-owned
communication equipment on a tower ovmed and operated by Alliant Energy -- Linn County I its Elected
Officials, Employees and Agents, Insured; Interstate Power and Light Company, An Alliant Energy Company,
Certificate Holder.
Resolution 2012-6-89, approving Kroeger's Second Addition, Minor Boundary Change Case MBC-05-11.
Resolution 2012-6-90, approving Hunters Big Creek Farm, Minor Boundary Change Case MBC-05-12.
Resolution 2012-6-91, for appointment of Amy Michelle Koopman as assistant Linn County attorneys assigned
as special prosecutors in U.S. attorney's office.
Resolution 2012-6-92, for appointment of Lisa Christine Williams as assistant Linn County attorneys
assigned as special prosecutors in U.S. attorney's office.
Rebecca Shoop. First Deputy
Linn County Auditor's Office
(319) 892-5308
1

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